2017-011 Resolution - Laserfiche WebLink

Home Browse Search

additional scope of work in the compensation which shall be payable to CONTRACTOR. Unless CONTRACTOR submits such a request within five (5) business days after receipt of notice of such requirement, direction, instruction, interpretation, determination, or decision, CONTRACTOR shall be conclusively deemed (1) to have agreed that such requirement, direction, instruction, interpretation, determination, or decision does not constitute a change in the work and does not otherwise entitle CONTRACTOR to an equitable adjustment in the contract price or contract time and (2) to have waived all claims based on such requirement, direction, instruction, interpretation, determination, or decision. 6.3 CONTRACTOR shall not submit claims, and shall not be entitled to additional compensation, for additional work resulting from conflicts, errors, or discrepancies, if such was discovered, or reasonably discoverable, by CONTRACTOR prior to the time it entered into this Agreement. Provided, however, If conditions are encountered at or during the PROJECT which are (1) subsurface or otherwise concealed physical conditions, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist, then, prompt written notice shall be given to all affected parties before the conditions are disturbed and the CONTRACTOR shall be entitled to an equitable adjustment to the contract price and extension of time for completion of the PROJECT and the CITY shall provide a timely response to requests for changes. Such adjustment shall be made by written change order. If the parties cannot reach agreement, the party seeking an adjustment in the contract price or time for completion may assert a claim in accordance with this contract. 6.4 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time as reasonably extended as addressed herein, as applicable, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for engineering and inspection forces employed on the Work for each day that expires after the time specified in Appendix C for the Work to be completed and ready for final payment (adjusted for any extensions thereof made by OWNER) until the Work is completed and ready for final payment. Provided, however, prior to the initiation of actions on the part of the CITY, CITY shall provide CONTRACTOR with written notice of its intention is to so proceed as set forth above and shall allow CONTRACTOR to cure such alleged default on the part of CONTRACTOR within a period of three business days from date of receipt of notice of the CITY's initiation of its actions addressed herein.